Chapter 37

COUNTERFEITING TRADEMARKS.

377. Trademarks defined.

A trademark is— (a) a mark lawfully used by any person to denote any chattel to be an article or thing of the manufacture, workmanship, production or merchandise of such person or to be an article or thing of any peculiar or particular description made or sold by such person;

(b) any mark or sign which in pursuance of any law in force for the time being relating to registered designs is to be put or placed upon or attached to any chattel or article during the existence or continuance of any copyright or other sole right acquired under such law.

378. Counterfeiting trademarks.

Any person who with intent to defraud or to enable another to defraud any person does any of the following things— (a) forges or counterfeits any trademark;

(b) applies any trademark, or any forged or counterfeit trademark, to any chattel or article not being the merchandise of any person whose trademark is so forged or counterfeited;

(c) applies any trademark or any forged or counterfeit trademark to any chattel or article not being the particular or peculiar description of merchandise denoted or intended to be denoted by such trademark or by such forged or counterfeit trademark;

(d) applies any trademark or any forged or counterfeit trademark to anything intended for any purpose of trade or manufacture, or in, on or with which any chattel or article is intended to be sold, or is sold or offered or exposed for sale;

(e) encloses or places any chattel or article in, upon, under or with anything to which any trademark has been falsely applied, or to which any forged or counterfeit trademark has been applied;

(f) applies or attaches any chattel or article to any case, cover, reel, ticket, label or other thing to which any trademark has been falsely applied, or to which any false or counterfeit trademark has been applied;

(g) encloses, places or attaches any chattel or article in, upon, under, with or to any thing having on it any trademark of any other person, commits a misdemeanour.

379. Selling goods marked with a counterfeit trademark.

Any person who sells or exposes, or has in possession for sale or any purpose of trade or manufacture, any goods or things, with a counterfeit trademark affixed to or impressed upon them or to or upon any case, package or other receptacle in which the goods are contained, unless he or she proves that, having taken all reasonable precautions against committing an offence against this section, he or she had at the time of the commission of the alleged offence no reason to suspect the genuineness of the mark, commits a misdemeanour.

380. Forfeiture of goods marked with counterfeit trademark.

All chattels, articles or instruments— (a) to which a counterfeit trademark has been applied;

(b) which have been enclosed, or placed or attached contrary to any of the provisions of section 378 or 379; or

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